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Did delayed cesarean result in brain injury?
Presenting with irregular contractions, a woman was admitted to the hospital. A fetal heart monitor was placed and nurses monitored her throughout the day. At 3:30 PM, the fetal heart rate began to decelerate.
At 8:10 PM, the obstetrician called the nurses; he was told that the mother was not in labor and that fetal heart tones were normal. He ordered the fetal monitor discontinued.
The following morning, the obstetrician visited the patient, who had not been seen by a physician since her admission. Following this examination, he delivered the infant via cesarean. At birth, the infant had low Apgar scores, no breathing, cyanosis, and hypoxic ischemia. The child suffers from severe cerebral palsy, mental retardation, and spastic quadriplegia.
In suing, the mother claimed that hospital staff failed to alert the doctor to the fetal heart rate decelerations. She also contended that the doctor should have performed the cesarean earlier.
The hospital maintained that the nursing staff treated the patient appropriately and relayed relevant information to the doctor. Further, the monitor showed variable decelerations, indicative of umbilical cord compression, not uteroplacental insufficiency. The hospital claimed the infant’s brain injury occurred 24 to 72 hours prior to the mother’s admission.
- The jury awarded the plaintiff $20.25 million from the hospital, but returned a defense verdict for the defendant obstetrician. A high/low agreement reached during deliberations yielded $19 million from both the hospital and physician.
Presenting with irregular contractions, a woman was admitted to the hospital. A fetal heart monitor was placed and nurses monitored her throughout the day. At 3:30 PM, the fetal heart rate began to decelerate.
At 8:10 PM, the obstetrician called the nurses; he was told that the mother was not in labor and that fetal heart tones were normal. He ordered the fetal monitor discontinued.
The following morning, the obstetrician visited the patient, who had not been seen by a physician since her admission. Following this examination, he delivered the infant via cesarean. At birth, the infant had low Apgar scores, no breathing, cyanosis, and hypoxic ischemia. The child suffers from severe cerebral palsy, mental retardation, and spastic quadriplegia.
In suing, the mother claimed that hospital staff failed to alert the doctor to the fetal heart rate decelerations. She also contended that the doctor should have performed the cesarean earlier.
The hospital maintained that the nursing staff treated the patient appropriately and relayed relevant information to the doctor. Further, the monitor showed variable decelerations, indicative of umbilical cord compression, not uteroplacental insufficiency. The hospital claimed the infant’s brain injury occurred 24 to 72 hours prior to the mother’s admission.
- The jury awarded the plaintiff $20.25 million from the hospital, but returned a defense verdict for the defendant obstetrician. A high/low agreement reached during deliberations yielded $19 million from both the hospital and physician.
Presenting with irregular contractions, a woman was admitted to the hospital. A fetal heart monitor was placed and nurses monitored her throughout the day. At 3:30 PM, the fetal heart rate began to decelerate.
At 8:10 PM, the obstetrician called the nurses; he was told that the mother was not in labor and that fetal heart tones were normal. He ordered the fetal monitor discontinued.
The following morning, the obstetrician visited the patient, who had not been seen by a physician since her admission. Following this examination, he delivered the infant via cesarean. At birth, the infant had low Apgar scores, no breathing, cyanosis, and hypoxic ischemia. The child suffers from severe cerebral palsy, mental retardation, and spastic quadriplegia.
In suing, the mother claimed that hospital staff failed to alert the doctor to the fetal heart rate decelerations. She also contended that the doctor should have performed the cesarean earlier.
The hospital maintained that the nursing staff treated the patient appropriately and relayed relevant information to the doctor. Further, the monitor showed variable decelerations, indicative of umbilical cord compression, not uteroplacental insufficiency. The hospital claimed the infant’s brain injury occurred 24 to 72 hours prior to the mother’s admission.
- The jury awarded the plaintiff $20.25 million from the hospital, but returned a defense verdict for the defendant obstetrician. A high/low agreement reached during deliberations yielded $19 million from both the hospital and physician.
Was atypical preeclampsia diagnosed too late?
A 31-year-old woman at 30 weeks’ gestation presented to a hospital with abdominal pain and normal blood pressure. Emergency room personnel called the obstetrician at home, at which time the physician ordered a urinalysis.
Test results showed elevated protein, bacteria, and white blood cells. The obstetrician diagnosed a urinary tract infection, prescribed oral antibiotics, and advised the patient to return the next morning.
As she was leaving the hospital, the woman suffered a seizure and was rushed back to the emergency room. The obstetrician came to the hospital, diagnosed acute eclampsia, and treated her with magnesium sulfate. Moments later, she suffered a grand mal seizure.
The doctor performed an emergency cesarean section. The premature infant was transferred to another hospital. During and after the procedure, the woman suffered increased hemorrhaging. She died the following day.
In suing, the family claimed that the doctor should have come to the hospital upon the woman’s admission. Had he done so, he would have diagnosed preeclampsia and treated the condition immediately.
The doctor argued that the patient’s initial visit did not suggest preeclampsia. Further, he claimed the woman had developed a rare and rapidly developing form of preeclampsia that would have resulted in her death regardless of the time of diagnosis.
- The jury returned a verdict for the defense.
A 31-year-old woman at 30 weeks’ gestation presented to a hospital with abdominal pain and normal blood pressure. Emergency room personnel called the obstetrician at home, at which time the physician ordered a urinalysis.
Test results showed elevated protein, bacteria, and white blood cells. The obstetrician diagnosed a urinary tract infection, prescribed oral antibiotics, and advised the patient to return the next morning.
As she was leaving the hospital, the woman suffered a seizure and was rushed back to the emergency room. The obstetrician came to the hospital, diagnosed acute eclampsia, and treated her with magnesium sulfate. Moments later, she suffered a grand mal seizure.
The doctor performed an emergency cesarean section. The premature infant was transferred to another hospital. During and after the procedure, the woman suffered increased hemorrhaging. She died the following day.
In suing, the family claimed that the doctor should have come to the hospital upon the woman’s admission. Had he done so, he would have diagnosed preeclampsia and treated the condition immediately.
The doctor argued that the patient’s initial visit did not suggest preeclampsia. Further, he claimed the woman had developed a rare and rapidly developing form of preeclampsia that would have resulted in her death regardless of the time of diagnosis.
- The jury returned a verdict for the defense.
A 31-year-old woman at 30 weeks’ gestation presented to a hospital with abdominal pain and normal blood pressure. Emergency room personnel called the obstetrician at home, at which time the physician ordered a urinalysis.
Test results showed elevated protein, bacteria, and white blood cells. The obstetrician diagnosed a urinary tract infection, prescribed oral antibiotics, and advised the patient to return the next morning.
As she was leaving the hospital, the woman suffered a seizure and was rushed back to the emergency room. The obstetrician came to the hospital, diagnosed acute eclampsia, and treated her with magnesium sulfate. Moments later, she suffered a grand mal seizure.
The doctor performed an emergency cesarean section. The premature infant was transferred to another hospital. During and after the procedure, the woman suffered increased hemorrhaging. She died the following day.
In suing, the family claimed that the doctor should have come to the hospital upon the woman’s admission. Had he done so, he would have diagnosed preeclampsia and treated the condition immediately.
The doctor argued that the patient’s initial visit did not suggest preeclampsia. Further, he claimed the woman had developed a rare and rapidly developing form of preeclampsia that would have resulted in her death regardless of the time of diagnosis.
- The jury returned a verdict for the defense.
Improper tube placement blamed for hypoxic insult
Upon presenting to a hospital with contractions 3 to 5 minutes apart, a gravida was placed on electronic fetal monitoring. The Ob/Gyn determined she was 1 cm dilated and 50% effaced, with the fetus at minus-2 station.
Following this examination, the woman’s contractions became less frequent. The fetal-heart-rate tracing was not formally reactive. Despite the patient’s protests, the Ob/Gyn recommended she go home.
About 6 hours later the woman returned to the hospital, again with contractions 3 to 5 minutes apart. She delivered 20 minutes after her arrival. Although thick meconium was present, endotracheal suctioning was not performed. The infant demonstrated no spontaneous respirations or movements and was transferred to the neonatal intensive care unit (NICU). Episodes of bradycardia occurred, followed by blank, unresponsive stares. The newborn was diagnosed with diffuse hypoxic insult.
Medical records failed to indicate who rendered care to the infant for 20 minutes after the neonate was removed from the delivery room. A respiratory therapy note stated that the baby was intubated prior to admission to the NICU, but indicated the tube had dislodged during transport.
The infant was reintubated 10 minutes after NICU admission. However, a chest x-ray performed 12 minutes later showed that the endotracheal tube was placed down the right mainstream bronchus; it also revealed that the left lung had collapsed. Records indicated that the endotracheal tube was not repositioned immediately and that needle aspiration to correct the pneuomthorax was not performed until after the endotracheal tube was replaced.
- The case settled for $1,225,000.
Upon presenting to a hospital with contractions 3 to 5 minutes apart, a gravida was placed on electronic fetal monitoring. The Ob/Gyn determined she was 1 cm dilated and 50% effaced, with the fetus at minus-2 station.
Following this examination, the woman’s contractions became less frequent. The fetal-heart-rate tracing was not formally reactive. Despite the patient’s protests, the Ob/Gyn recommended she go home.
About 6 hours later the woman returned to the hospital, again with contractions 3 to 5 minutes apart. She delivered 20 minutes after her arrival. Although thick meconium was present, endotracheal suctioning was not performed. The infant demonstrated no spontaneous respirations or movements and was transferred to the neonatal intensive care unit (NICU). Episodes of bradycardia occurred, followed by blank, unresponsive stares. The newborn was diagnosed with diffuse hypoxic insult.
Medical records failed to indicate who rendered care to the infant for 20 minutes after the neonate was removed from the delivery room. A respiratory therapy note stated that the baby was intubated prior to admission to the NICU, but indicated the tube had dislodged during transport.
The infant was reintubated 10 minutes after NICU admission. However, a chest x-ray performed 12 minutes later showed that the endotracheal tube was placed down the right mainstream bronchus; it also revealed that the left lung had collapsed. Records indicated that the endotracheal tube was not repositioned immediately and that needle aspiration to correct the pneuomthorax was not performed until after the endotracheal tube was replaced.
- The case settled for $1,225,000.
Upon presenting to a hospital with contractions 3 to 5 minutes apart, a gravida was placed on electronic fetal monitoring. The Ob/Gyn determined she was 1 cm dilated and 50% effaced, with the fetus at minus-2 station.
Following this examination, the woman’s contractions became less frequent. The fetal-heart-rate tracing was not formally reactive. Despite the patient’s protests, the Ob/Gyn recommended she go home.
About 6 hours later the woman returned to the hospital, again with contractions 3 to 5 minutes apart. She delivered 20 minutes after her arrival. Although thick meconium was present, endotracheal suctioning was not performed. The infant demonstrated no spontaneous respirations or movements and was transferred to the neonatal intensive care unit (NICU). Episodes of bradycardia occurred, followed by blank, unresponsive stares. The newborn was diagnosed with diffuse hypoxic insult.
Medical records failed to indicate who rendered care to the infant for 20 minutes after the neonate was removed from the delivery room. A respiratory therapy note stated that the baby was intubated prior to admission to the NICU, but indicated the tube had dislodged during transport.
The infant was reintubated 10 minutes after NICU admission. However, a chest x-ray performed 12 minutes later showed that the endotracheal tube was placed down the right mainstream bronchus; it also revealed that the left lung had collapsed. Records indicated that the endotracheal tube was not repositioned immediately and that needle aspiration to correct the pneuomthorax was not performed until after the endotracheal tube was replaced.
- The case settled for $1,225,000.
Surgical towel left in patient during hysterectomy
During an abdominal hysterectomy, a surgeon placed surgical towels soaked in warm saline between a 42-year-old patient’s bowels and the blades of a self-retaining retractor. Following surgery, the woman returned home without any problems.
Several weeks later, the patient experienced pain and cramping. A diagnostic workup was conducted, along with abdominal exploratory surgery. A 12-cm mass, later identified as a surgical towel, was discovered attached to the anterior abdominal wall.
In suing, the patient claimed the operating room staff was negligent in failing to count the surgical towels following the procedure.
The physician contended that he had inquired about the towel count and the nurses had accounted for all the towels used. The nurses argued that counting surgical towels is not routine, since towels are not designed to be placed inside an incision. Unlike surgical sponges, surgical towels do not contain a radiopaque thread or tape; as a result, they are indiscernible by x-ray if a count is incorrect.
- The case settled for $100,000.
During an abdominal hysterectomy, a surgeon placed surgical towels soaked in warm saline between a 42-year-old patient’s bowels and the blades of a self-retaining retractor. Following surgery, the woman returned home without any problems.
Several weeks later, the patient experienced pain and cramping. A diagnostic workup was conducted, along with abdominal exploratory surgery. A 12-cm mass, later identified as a surgical towel, was discovered attached to the anterior abdominal wall.
In suing, the patient claimed the operating room staff was negligent in failing to count the surgical towels following the procedure.
The physician contended that he had inquired about the towel count and the nurses had accounted for all the towels used. The nurses argued that counting surgical towels is not routine, since towels are not designed to be placed inside an incision. Unlike surgical sponges, surgical towels do not contain a radiopaque thread or tape; as a result, they are indiscernible by x-ray if a count is incorrect.
- The case settled for $100,000.
During an abdominal hysterectomy, a surgeon placed surgical towels soaked in warm saline between a 42-year-old patient’s bowels and the blades of a self-retaining retractor. Following surgery, the woman returned home without any problems.
Several weeks later, the patient experienced pain and cramping. A diagnostic workup was conducted, along with abdominal exploratory surgery. A 12-cm mass, later identified as a surgical towel, was discovered attached to the anterior abdominal wall.
In suing, the patient claimed the operating room staff was negligent in failing to count the surgical towels following the procedure.
The physician contended that he had inquired about the towel count and the nurses had accounted for all the towels used. The nurses argued that counting surgical towels is not routine, since towels are not designed to be placed inside an incision. Unlike surgical sponges, surgical towels do not contain a radiopaque thread or tape; as a result, they are indiscernible by x-ray if a count is incorrect.
- The case settled for $100,000.
Was maternal tuberculosis linked to infant brain damage?
A pregnant woman diagnosed with tuberculosis was prescribed a course of antibiotics for 3 months. After the patient developed a skin rash at 6 months’ gestation, the medication was discontinued.
Although the neonate appeared normal at birth, at the age of 6 months it developed tuberculosis that led to meningitis, cerebral palsy, and brain encephalopathy.
The mother sued, claiming that the physician did not treat her tuberculosis within the standard of care and that her child, who was 17 years old at trial, was not properly tested for tuberculosis. In addition, she noted that the infant’s medical records contained no mention of her tuberculosis.
The physician argued that the mother may not have had tuberculosis during her pregnancy and claimed that it was acceptable to stop treatment once she developed a rash. The doctor added that the mother took a trip to the Dominican Republic when the child was 4 months old and noted it was likely there that the child contracted the disease.
- The jury awarded the plaintiff $24.5 million. A posttrial motion was pending.
A pregnant woman diagnosed with tuberculosis was prescribed a course of antibiotics for 3 months. After the patient developed a skin rash at 6 months’ gestation, the medication was discontinued.
Although the neonate appeared normal at birth, at the age of 6 months it developed tuberculosis that led to meningitis, cerebral palsy, and brain encephalopathy.
The mother sued, claiming that the physician did not treat her tuberculosis within the standard of care and that her child, who was 17 years old at trial, was not properly tested for tuberculosis. In addition, she noted that the infant’s medical records contained no mention of her tuberculosis.
The physician argued that the mother may not have had tuberculosis during her pregnancy and claimed that it was acceptable to stop treatment once she developed a rash. The doctor added that the mother took a trip to the Dominican Republic when the child was 4 months old and noted it was likely there that the child contracted the disease.
- The jury awarded the plaintiff $24.5 million. A posttrial motion was pending.
A pregnant woman diagnosed with tuberculosis was prescribed a course of antibiotics for 3 months. After the patient developed a skin rash at 6 months’ gestation, the medication was discontinued.
Although the neonate appeared normal at birth, at the age of 6 months it developed tuberculosis that led to meningitis, cerebral palsy, and brain encephalopathy.
The mother sued, claiming that the physician did not treat her tuberculosis within the standard of care and that her child, who was 17 years old at trial, was not properly tested for tuberculosis. In addition, she noted that the infant’s medical records contained no mention of her tuberculosis.
The physician argued that the mother may not have had tuberculosis during her pregnancy and claimed that it was acceptable to stop treatment once she developed a rash. The doctor added that the mother took a trip to the Dominican Republic when the child was 4 months old and noted it was likely there that the child contracted the disease.
- The jury awarded the plaintiff $24.5 million. A posttrial motion was pending.
Shoulder dystocia results in brachial plexus injury
A woman at 40 weeks’ gestation presented to a hospital for labor and delivery. During delivery, the obstetrician encountered shoulder dystocia.
The child was born with a left brachial plexus injury that resulted in reduced function of his arm. Several surgeries were required to correct the injury.
In suing, the mother claimed that the doctor placed excessive lateral pressure on the infant’s head during delivery.
The doctor argued that he had used appropriate delivery procedures under the circumstances.
- The jury awarded the plaintiff $1,341,500.
A woman at 40 weeks’ gestation presented to a hospital for labor and delivery. During delivery, the obstetrician encountered shoulder dystocia.
The child was born with a left brachial plexus injury that resulted in reduced function of his arm. Several surgeries were required to correct the injury.
In suing, the mother claimed that the doctor placed excessive lateral pressure on the infant’s head during delivery.
The doctor argued that he had used appropriate delivery procedures under the circumstances.
- The jury awarded the plaintiff $1,341,500.
A woman at 40 weeks’ gestation presented to a hospital for labor and delivery. During delivery, the obstetrician encountered shoulder dystocia.
The child was born with a left brachial plexus injury that resulted in reduced function of his arm. Several surgeries were required to correct the injury.
In suing, the mother claimed that the doctor placed excessive lateral pressure on the infant’s head during delivery.
The doctor argued that he had used appropriate delivery procedures under the circumstances.
- The jury awarded the plaintiff $1,341,500.
Oxytocin administration blamed for cerebral palsy
A woman who had undergone a previous cesarean section presented to a hospital for labor and delivery. Following her admission, oxytocin was given.
During labor, the woman’s uterus ruptured, causing the infant to detach from both the uterus and the placenta. Following an emergency cesarean, the child was born with cerebral palsy.
In suing, the mother argued that the doctors and nurses were negligent in administering oxytocin. Further, she claimed that the doctor was not properly informed of changes in the fetal monitoring strip.
The doctor claimed that he had no recollection of ordering the oxytocin.
- The jury awarded the plaintiff $1,587,000.
A woman who had undergone a previous cesarean section presented to a hospital for labor and delivery. Following her admission, oxytocin was given.
During labor, the woman’s uterus ruptured, causing the infant to detach from both the uterus and the placenta. Following an emergency cesarean, the child was born with cerebral palsy.
In suing, the mother argued that the doctors and nurses were negligent in administering oxytocin. Further, she claimed that the doctor was not properly informed of changes in the fetal monitoring strip.
The doctor claimed that he had no recollection of ordering the oxytocin.
- The jury awarded the plaintiff $1,587,000.
A woman who had undergone a previous cesarean section presented to a hospital for labor and delivery. Following her admission, oxytocin was given.
During labor, the woman’s uterus ruptured, causing the infant to detach from both the uterus and the placenta. Following an emergency cesarean, the child was born with cerebral palsy.
In suing, the mother argued that the doctors and nurses were negligent in administering oxytocin. Further, she claimed that the doctor was not properly informed of changes in the fetal monitoring strip.
The doctor claimed that he had no recollection of ordering the oxytocin.
- The jury awarded the plaintiff $1,587,000.
Inadequate monitoring blamed for delayed healing
Following a long-standing history of heavy menstrual bleeding resulting in anemia, a 45-year-old obese woman with diabetes presented to her doctor for a hysterectomy.
The woman developed bleeding postoperatively, and a second surgery was necessary to locate and repair the source. Following this second procedure, the patient developed a hospital-borne infection at the site of the wound.
In suing, the woman claimed that the doctor did not issue sufficient postoperative orders to the nurses to monitor her fluid intake and urine. She argued that inadequate urinary output monitoring caused an extended period of shock, which resulted in delayed healing that took 9 months.
The doctor maintained that his notes were adequate and that the nurses properly charted the patient’s fluid intake and urine. Further, he noted that it was impossible to determine whether the shock or the hospitalborne infection caused the delay in healing.
- The jury returned a defense verdict.
Following a long-standing history of heavy menstrual bleeding resulting in anemia, a 45-year-old obese woman with diabetes presented to her doctor for a hysterectomy.
The woman developed bleeding postoperatively, and a second surgery was necessary to locate and repair the source. Following this second procedure, the patient developed a hospital-borne infection at the site of the wound.
In suing, the woman claimed that the doctor did not issue sufficient postoperative orders to the nurses to monitor her fluid intake and urine. She argued that inadequate urinary output monitoring caused an extended period of shock, which resulted in delayed healing that took 9 months.
The doctor maintained that his notes were adequate and that the nurses properly charted the patient’s fluid intake and urine. Further, he noted that it was impossible to determine whether the shock or the hospitalborne infection caused the delay in healing.
- The jury returned a defense verdict.
Following a long-standing history of heavy menstrual bleeding resulting in anemia, a 45-year-old obese woman with diabetes presented to her doctor for a hysterectomy.
The woman developed bleeding postoperatively, and a second surgery was necessary to locate and repair the source. Following this second procedure, the patient developed a hospital-borne infection at the site of the wound.
In suing, the woman claimed that the doctor did not issue sufficient postoperative orders to the nurses to monitor her fluid intake and urine. She argued that inadequate urinary output monitoring caused an extended period of shock, which resulted in delayed healing that took 9 months.
The doctor maintained that his notes were adequate and that the nurses properly charted the patient’s fluid intake and urine. Further, he noted that it was impossible to determine whether the shock or the hospitalborne infection caused the delay in healing.
- The jury returned a defense verdict.
Did delayed cesarean lead to infant’s death?
A woman at 33 weeks’ gestation presented to her doctor with complaints of headaches, blurred vision, and excessive vomiting on a daily basis, as well as an elevated blood pressure. The doctor ordered bed rest.
During a routine checkup 1 month later, results from a stress test raised concerns about fetal bradycardia. The fetal heart rate had dropped from 110 to 50 beats per minute. The obstetrician told the woman to go home, pack a bag, and return to the hospital. Thirty-five minutes later, the baby was delivered via cesarean with no discernible heartbeat. Resuscitation efforts were unsuccessful and the child was deemed stillborn.
In suing, the woman alleged that she should have been admitted to the hospital at 33 weeks’ gestation when she showed signs of hypertension, edema, and proteinuria—symptoms that are indicative of preeclampsia. Further, she claimed that she should have been referred to a perinatologist.
- The case settled for $750,000.
A woman at 33 weeks’ gestation presented to her doctor with complaints of headaches, blurred vision, and excessive vomiting on a daily basis, as well as an elevated blood pressure. The doctor ordered bed rest.
During a routine checkup 1 month later, results from a stress test raised concerns about fetal bradycardia. The fetal heart rate had dropped from 110 to 50 beats per minute. The obstetrician told the woman to go home, pack a bag, and return to the hospital. Thirty-five minutes later, the baby was delivered via cesarean with no discernible heartbeat. Resuscitation efforts were unsuccessful and the child was deemed stillborn.
In suing, the woman alleged that she should have been admitted to the hospital at 33 weeks’ gestation when she showed signs of hypertension, edema, and proteinuria—symptoms that are indicative of preeclampsia. Further, she claimed that she should have been referred to a perinatologist.
- The case settled for $750,000.
A woman at 33 weeks’ gestation presented to her doctor with complaints of headaches, blurred vision, and excessive vomiting on a daily basis, as well as an elevated blood pressure. The doctor ordered bed rest.
During a routine checkup 1 month later, results from a stress test raised concerns about fetal bradycardia. The fetal heart rate had dropped from 110 to 50 beats per minute. The obstetrician told the woman to go home, pack a bag, and return to the hospital. Thirty-five minutes later, the baby was delivered via cesarean with no discernible heartbeat. Resuscitation efforts were unsuccessful and the child was deemed stillborn.
In suing, the woman alleged that she should have been admitted to the hospital at 33 weeks’ gestation when she showed signs of hypertension, edema, and proteinuria—symptoms that are indicative of preeclampsia. Further, she claimed that she should have been referred to a perinatologist.
- The case settled for $750,000.
Doctor performs episiotomy despite woman’s refusal
Prior to delivery, a 27-year-old woman informed her doctor that she did not want an episiotomy. In addition, she altered the hospital consent form to specifically refuse an episiotomy. However, during delivery, the doctor performed an episiotomy to prevent a tear and further complications.
The woman sued, claiming that she suffered pain and emotional distress due to the episiotomy. She also attributed 2 later abortions to her doctor’s failure to respect her wishes.
The doctor conceded that he and the patient had discussed her refusal to have an episiotomy. However, he claimed, he informed her that he was unable to guarantee the procedure would not be necessary.
- The jury returned a defense verdict.
Prior to delivery, a 27-year-old woman informed her doctor that she did not want an episiotomy. In addition, she altered the hospital consent form to specifically refuse an episiotomy. However, during delivery, the doctor performed an episiotomy to prevent a tear and further complications.
The woman sued, claiming that she suffered pain and emotional distress due to the episiotomy. She also attributed 2 later abortions to her doctor’s failure to respect her wishes.
The doctor conceded that he and the patient had discussed her refusal to have an episiotomy. However, he claimed, he informed her that he was unable to guarantee the procedure would not be necessary.
- The jury returned a defense verdict.
Prior to delivery, a 27-year-old woman informed her doctor that she did not want an episiotomy. In addition, she altered the hospital consent form to specifically refuse an episiotomy. However, during delivery, the doctor performed an episiotomy to prevent a tear and further complications.
The woman sued, claiming that she suffered pain and emotional distress due to the episiotomy. She also attributed 2 later abortions to her doctor’s failure to respect her wishes.
The doctor conceded that he and the patient had discussed her refusal to have an episiotomy. However, he claimed, he informed her that he was unable to guarantee the procedure would not be necessary.
- The jury returned a defense verdict.